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JAD3660 Classification of Administrative Action
JAD3660 Classification of Administrative Action
administrative
activities
Of no importanceyet
necessary!
Categories of
administrative action
1.1 Legislative
administrative acts (LAas)
Delegated/subordinate legislation
Meaning?
Various forms
Examples?
1.2 Characteristics of
LAa
Example: Gov. No. 34 - Commencement of the Tobacco
Products
Control Act, 2010
Gov. No. 35 - Regulations under the Tobacco
Products Control
Act, 2010
Usually published in Government Gazette
Creates, terminates or varies general relationships
Contains rule of general application
Must fall within the scope of the Constitution or the enabling
Act
Directed towards implementation of social policies
Operates prospectively
Repeal does not affect existing rights
It may not be vague
Remain in force indefinitely
May be repealed or amended by its author.
2.1 Judicial
administrative acts
Example:
The Immigration Tribunal considering an
appeal against the decision of the
Immigration Board.
Few admin bodies perform such functions
Administrative adjudication increasingly
becoming prevalent
Administrative bodies adjudicate informally,
quickly, cheaply & expertly.
Administrative tribunals i.e. town planning,
labour disputes, immigration, competition law, etc.
Law attaches specific consequences to JAas
3. (Purely)
Administrative actions
Implements/gives effect to policy,
legislation or adjudicative decision
State in motion (policies, laws &
judgment not self-executing!)
Encompasses every conceivable aspect
of government activity
Examples?
Administrative act ( include decision
+ action itself)
3.1.1 Authoritative
(unilateral) administrative
action
Examples
1)mechanical action
2)discretionary action
3)police action, and
4)action relating to the internal
functioning of the administration.
Note: Make your own notes on
each!!!
3.1.2. Consensual
(multilateral)
administrative action
NOTE!!!!!!!!!!!!
You have to be able to recognise
the form of administrative action
application is thus more important
than reciting of facts!!!!!!!